Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law-Tamil Nadu Statistics Service Rules-Rule 8 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law-Tamil Nadu Statistics Service Rules-Rule 8-Promotion to post of Deputy Director of Statistics on grounds of merit and ability-Currency of punishment based on previous record an impediment-Unless period of punishment gets expired by efflux of time, claim for consideration during the said period cannot be taken up-Doctrine of double jeopardy-Not applicable-Non consideration not violative of Art. 21 or Art. 14r/w 16 of Constitution of lndia.Constitution of India-Arts 14, 16, 21-Doctrine of double jeopardy- Promotion on grounds of merit and ability-Currency of punishment based on previous record an impediment-Claim for consideration during the said period cannot be taken up-Doctrine of double jeopardy not applicable-Non-consideration is violative of neither Art 21 or Art. 14 r/w 16.The State initiated proceedings against the respondent for misconduct in the year 1978 while he was working as Assistant Statistical Officer. By order dated 6.12.1982 punishment of stoppage of three increments without cumulative effect was imposed. On appeal, it was set aside and re-enquiry was directed. On fresh enquiry, the same punishment was imposed by proceedings dated 6.9.1984. For consideration of promotion to the post of Deputy Director of Statistics, which was to be made on grounds of merit and ability, during the year 1983-84, the name of the respondent was not included in the approval list as required under Rule 8 of the Tamil Nadu Statistics Service Rules. The respondent challenged non-inclusion of his name before the Administrative Tribunal. The Tribunal set aside the order and directed reconsideration w.e.f. 1983-84. The Tribunal found that having imposed the penalty of punishment of stoppage of three increments, the promotion could not be withheld on that account as the same amounted to 'double jeopardy' offending Article 21 of the Constitution.In appeal to this court, the respondent contended that under Rule 8 of the Rules, the relevant date to be considered for inclusion in the list of the approved candidates for promotion was 1st September of the year of consideration. In 1984, when the respondent's claim was to be approved, there was no punishment in the eye of law and that, therefore, non-consideration of his case was vitiated by error of law. |
Judge | N/A |
Neutral Citation | 1995 INSC 147 |
Petitioner | State Of Tamil Nadu |
Respondent | Thiru K.s. Murugesan And Ors. |
SCR | [1995] 2 S.C.R. 386 |
Judgement Date | 1995-02-28 |
Case Number | 3432-33 |
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